May 2008

See Xconomy article here for details. Quoting from the article:

Employee Non-Compete Agreements: Protecting Innovation or Stifling It?

Thursday, June 19th, 3:00-7:00 pm

Ames Courtroom, 2nd floor of Austin Hall, Harvard Law School

There will be a panel discussion, followed by a cocktail reception. Anyone is free to attend. You just have to register by June 12 (a week before the event) by emailing your name, title and company to Amar Ashar at the Berkman Center: ashar@cyber.law.harvard.edu.

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The “Oyez” web site now presents oral arguments before the Supreme Court in multimedia: As you listen to the argument you see a synchronized transcript, and a photo of the judge or lawyer speaking appears every time there is a change in speaker. This multimedia presentation makes the experience of listening to these arguments much easier and more pleasant. Link here.

The Massachusetts Appeals Court has made its unpublished decisions available here. This is particularly helpful, since these decisions are difficult to obtain, and on February 25, 2008, the Court issued a ruling permitting unpublished decisions to be cited for their “persuasive value.” This modified a 23 year old court rule that unpublished decisions could not be cited as legal authority.

Massachusetts Federal District Court Judge F. Dennis Saylor, IV has issued a written decision in Commerce Bank and Trust Co. v. TD Banknorth, Inc. (see below). Judge Saylor found a likelihood of confusion between “Commerce Bank” and “TD Commerce Bank,” and issued a preliminary injunction in favor of the plaintiff.… Read the full article

A lot of people are having a hard time understanding how the country got into the sub-prime mortgage mess, or even exactly what a “sub-prime mortgage” is. How could so many intelligent, responsible people in housing, banking, finance and government have gotten this so wrong? If you’re are one of these people, this skit may aid your understanding.

Oh, and fans of the Wiley Publishing “Dummies” series, I have nothing to do with them at all. In fact, I’m a big fan.

Judges Who Blog

by Lee Gesmer on May 27, 2008

Very few judges blog, but Massachusetts Federal District District Court Judge Nancy Gertner is one of the first, if not the very first. An article in the May 27, 2008 Boston Globe discusses her blogging for Slate, one of the best online magazines.

If you’re interested in reading Judge Gertner’s blogs, go to “Convictions: Slate’s Blog on Legal Issues” and use the “Search This Blog” field in the upper right corner of the screen to search for “Gertner”.

Judge Gertner’s first blog entry, on March 17, 2008, opens as follows:

I am an unlikely blogger. I am a United States District Court judge for the District of Massachusetts. . . . Although judges are more limited than other public actors in what they can say about a host of things, like cases pending before me or even cases pending before other judges, we are permitted to speak about the administration of justice and other general legal matters.

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